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(영문) 춘천지방법원 원주지원 2019.01.17 2018고단1151
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 1, 2016, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) by the Incheon District Court on February 1, 2016, and on July 20, 2018, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Jeju District Court's original state support.

On October 21, 2018, at around 00:40, the Defendant, without a car driver’s license, driven a esch-ton sports vehicle on the road located around approximately 100 meters in the direction of “DPC” located in Kuju City, from the mutual influence 0.165% in the original city B, while under the influence of alcohol without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of traffic accidents, report on actual condition, report on the control of drinking driving, report on the results thereof, report on the state of drinking drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (number 11) and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The reason for imposing the sentence of selective imprisonment is not a minor crime that may be selected as a fine in light of the following circumstances: (a) the defendant's reason for imposing the sentence of selective imprisonment is likely to not repeat the crime; (b) the suffering of depression; and (c) there are family members to support; (d) the driving by drinking driving has a record of two times or more of criminal punishment; (b) the driving by drinking driving seems to have been under the influence of two times or more; and (c) the driving by drinking without obtaining a license after the cancellation of the license in 2016; and (d) the occurrence of a traffic accident involving the parked vehicles during the instant crime is not a minor crime to the extent that the fine will be selected; and (e) it is inevitable to sentence

The above circumstances include the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the records.

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